After withdrawing a charge of unlawfully possessing a category D, H or R weapon against Winkley, the prosecutor explained legislation mandating a jail term was not targeted at offenders like Winkley.

"It's not in the public interest to send this defendant to jail," Sgt Phillips said, but he did label Winkley's actions "extremely reckless and stupid" and asked Magistrate Maxine Baldwin for a suitable deterrent sentence.

"If you're going to do things of this nature you will be punished," Sgt Phillips said.

Winkley's defence solicitor Chris Anderson said the shooting was accidental and that Winkley didn't pursue a plea of not guilty to save the child the trauma of a trial.

Mrs Baldwin said "it was one of those stupid things that happen, but our jails are full of good people who have made a stupid mistake".

Winkley, who had no criminal history, was placed on a 12-month good behaviour bond with $1000 recognisance.